Terms of Purchase and Use for the Livina Smart Home  

Version from 17.6.2021

1. Subject matter and scope
These Terms of Purchase and Use apply to the Livina Smart Home of Eniwa AG, Industriestrasse 25, 5033 Buchs AG (hereinafter "Eniwa").

 The Livina Smart Home consists of the following components:

  • The Livina Smart Home Hub (hereinafter "Hub"). The Hub is a server which must be installed in the house/apartment in order to use the Livina Smart Home.

  • The Livina Smart Home software (hereinafter "Software") and the associated support services. Unless otherwise specified, Livina Smart Home Software means the software for the Livina Smart Home Cloud (hereinafter "Cloud"), the software for the Livina Smart Home Apps (hereinafter "Apps") and the software for the Livina Smart Home Hub.

  • The components (sensors, actuators and control elements) that are connected to the Hub.

The Livina Smart Home is acquired as follows:

By purchasing the Hub and the components with simultaneous conclusion of the Livina Smart Home subscription (hereinafter "Subscription"). The Subscription is exclusively available via the Livina Smart Home online store (hereinafter "Livina online store").

These Terms of Purchase and Use govern:

  • The provision of software and services by Eniwa as part of the Livina Smart Home, as well as the use of the Livina Smart Home by the Customer (throughout the actual period of use);

  • The sale of the Hub and components, to the extent the Customer purchases them from Eniwa (through the Livina Online Store); and

  • The installation of the Livina Smart Home by Eniwa, if the Customer orders them from the Livina online store.

The purchase of hubs and components in the store of a Third Party Provider is governed by the terms and conditions of the Third Party Provider. In this case, these Terms and Conditions shall only apply to the services provided by Eniwa (in particular software and services as well as installation services, if applicable) and to the use of the Livina Smart Home by the customer (during the entire actual period of use).

2. Conclusion of contract
Contracts between the customer and Eniwa for the sale of products (hub, components), for the installation of the Livina Smart Home by Eniwa and for the conclusion of a subscription shall be concluded after the order has been placed in the Livina online store with the payment of the amount (due according to the order at the conclusion of the contract) and under the condition precedent that the ordered products can be delivered. If the quantity ordered exceeds the quantity customary for private use, Eniwa shall have the right to withdraw from the contract.

If the customer only concludes a subscription without buying products at the same time, the contract is concluded with the sending of the order in the Livina online store.

3. Functionality and conditions of use of the Livina Smart Home
With the Livina Smart Home, the Customer can control the purchased components by using the Hub via app with a smartphone or tablet. The components are controlled via radio commands using different radio standards such as Z-Wave or ZigBee. The range of the radio connection is limited and thus the components can only be used up to a certain distance from the hub or other components.

 The following requirements apply to the use of the Livina Smart Home:

a.    The purchaser is over 18 years of age;

b.    The customer has electric power at home;

c.    The customer has broadband internet connection at home;

d.    To use the Livina Smart Home App, the Customer has a smartphone or tablet with a current version of the Android or iOS operating system and continuous broadband internet connection, which enables email and push messages in particular;

e.    The Customer installs the Livina Smart Home App and opens a user account there and registers its Livina Smart Home Hub;

f.     The Customer has a valid means of payment (e.g. credit card) accepted by Eniwa for payment processing;

g.    If the Customer is a tenant, the Customer must obtain permission to install the components from the landlord, if applicable, before installing any flush-mounted components;

h.    If other persons live in the customer's household, the customer must obtain their consent to the processing of their personal data (cf. Section 6);

i.     Flush-mounted components require sufficient space for installation;

j. Smart components for controlling blinds require existing electric blinds. These must not be part of a radio-based smart home system from another provider.

4. Services Eniwa

4.1 Software and services
The Livina Smart Home software and services include: 

  • The provision of the software (Cloud, App, Hub) necessary to use the Livina Smart Home, as well as any updates. The Hub software is compatible with all components offered in the Livina online store. Eniwa reserves the right to further develop the software and make changes to it that may affect the functionality of the Hub and the components.

  • The provision of support services to the Livina Smart Home: Support services include telephone support for questions regarding the operation of the Livina Smart Home and assistance with defective devices. They are provided by Eniwa customer service. The availability is set out in Clause 19.

  • The hub is delivered to the customer together with the components after conclusion of the contract. Clause 4.2 applies to the delivery period and place of delivery.

  • Upon conclusion of the subscription, the above software and support services shall be provided to the Customer for the entire subscription period (see Clause 15).

 4.2 Deliveries
Components and hubs purchased by the customer in the Livina online store are delivered exclusively to delivery addresses in Switzerland.

Eniwa shall endeavor to deliver the purchased components and hubs within 5 days, unless installation has been ordered.

If components including installation are ordered by Eniwa, Eniwa or the executing installer will endeavor to contact the customer within 5 days to arrange an appointment for the installation. The components and the hub ordered at the same time will then be delivered on the agreed installation date.

The warranty for all purchased components and hubs shall be governed by Clause 10.1.

4.3 Installation
The installation of the purchased components by Eniwa is a separate service that can be ordered in the Livina online store. When the installation is ordered, the components ordered at the same time will be installed at the price indicated in the Livina online store.

The installation also includes the integration of the components into the Customer's Livina Smart Home (i.e. the connection of the hardware components to the Customer's Hub).

If a significant part of the Smart Home components cannot be installed (e.g. due to structural conditions such as insufficient space to install flush-mounted components), the customer or Eniwa may withdraw from the installation contract at the moment of unsuccessful installation. In this case, the customer may also withdraw from any purchase contract for the components and the hub (insofar as these have been purchased in the Livina online store) and terminate a concluded subscription with immediate effect without observing the notice period. Payments already made will be refunded to the customer, who in turn must return all products already received (components, hub). No further claims of the customer against Eniwa shall arise.

Both the installer and the customer shall record an unsuccessful installation in writing in the installation protocol.

The provisions on the contract for work and services of the Code of Obligations shall apply to the installation work.

The warranty shall be governed by Clause 10.2.

5. Services and obligations of the customer
The customer is obligated to pay the purchase price for the products ordered from Eniwa (components, hub), the work price for the installation, if any, and the subscription price (for payment terms, see section 13).

  • The customer is obliged to use the Livina Smart Home exclusively in Switzerland and only for private, non-commercial, and intended use.

  • The Customer may not rely on the uninterrupted functioning of the Livina Smart Home with regard to the prevention of dangers and the protection of life, limb and property, etc. The Customer remains responsible for the safety of the Livina Smart Home. The customer himself remains responsible for safety.

  • The Customer must follow all security instructions with regard to the Livina Smart Home, in particular to protect the Livina Smart Home hardware and software components as well as its Internet connection and networks from unlawful access by third parties by means of secure codes and to store access data, passwords or device identification numbers carefully and not to pass them on to third parties.

  • The components are to be installed, positioned and used exclusively in accordance with the use specified in the operating instructions and any additional information on the Eniwa websites.

  • When using Smart Plugs (radio-controllable sockets) on various electrical appliances, a functioning control depends on the functioning of the electrical appliance, i.e. Smart Plugs may only be used with electrical appliances with 220V/50Hz and the maximum power specified on the Smart Plug.

  • The customer complies with the electricity legislation. He acknowledges that products which are connected to the 230V low-voltage network (in particular in the case of "flush-mounted components" such as relays or switches) may, by law, only be installed by a competent person with a prescribed professional certificate (e.g. electrician EFZ) or by a company with an installation license in accordance with the Low-Voltage Installation Ordinance NIV (SR 734.27).

  • The customer undertakes to use only components compatible with the Livina Smart Home. These are listed in the operating instructions (www.livina.io/de/downloads) of the hub. Eniwa points out that components with the same name are available in national and international trade, which may not be compatible with the Livina Smart Home due to different firmware.

  • The customer may use provided Smart Home software as well as hardware products only in unmodified form. In particular, the Customer may neither make changes and/or edits to the software installed on the Hub or the Livina Smart Home App, nor copy, transfer, decompile or convert the respective software.

  • The Smart Home hardware and software components include third-party licenses. The transfer of the hub, the software or components of the software to third parties is generally not permitted. Third parties within the meaning of this provision also include companies affiliated with the customer. Exceptions are the temporary transfer of the Livina Smart Home to a subtenant and the resale of a purchased Hub. In these cases, the customer shall ensure that the subtenant or purchaser accepts these terms and conditions. The customer shall indemnify Eniwa for any third party claims resulting from the customer's use of the Livina Smart Home in breach of this Agreement.

  • The customer shall regularly inspect the products and installations and replace them with new ones in case of defects.

  • The customer complies with the legal regulations regarding data and personality protection.

  • Costs incurred by the customer for the Internet connection and for the installations of products and components are not part of the Livina Smart Home and are borne by the customer.

6. Data protection clause
With a registration and the subsequent use of the Livina Smart Home (hardware and software), the customer gives Eniwa the order to process his personal data in accordance with the data protection declaration (www.livina.io/en/datenschutz). Insofar as this concerns biometric data, health data and other personal data requiring special protection, the customer hereby also expressly consents thereto. The customer may revoke the consent at any time by taking the Livina Smart Home (hardware and software) out of operation and notifying Eniwa of the revocation in writing.

To the extent that the customer also collects data from other identifiable persons (e.g. family members or visitors) with Smart Home products, the customer (and not Eniwa) is responsible for informing such persons about the data processing and in particular their rights (with our Privacy Policy), obtaining their consent in advance (and in the case of persons under 16 also from their legal guardians) and acting accordingly in case of revocation, providing them with information upon request and complying with deletion or other requests. The customer also permits Eniwa to do so and indemnifies and holds Eniwa harmless in the event that the customer violates these obligations or data protection law.

Eniwa may inform the customer via email, app and the other contact addresses provided about offers of Eniwa, also tailored to the customer personally. The customer may stop such advertising or even personalization at any time.

7. Ownership of the devices and remote access
Upon conclusion of the contract, the hub, the components and any additional components installed during installation shall become the property of the customer. 

The customer allows Eniwa to access the hub and the components remotely at any time in order to provide contractual services (e.g. to perform updates or troubleshooting). Remote access to the Smart Home System is also required for certain support services. For support services, the customer must allow remote access for a limited period of time in individual cases.

8. Intellectual property rights and rights of use
Any intellectual property rights associated with the Livina Smart Home remain with Eniwa or the respective rights holder. The customer receives a non-transferable and non-exclusive right to use the Livina Smart Home in accordance with the contract, limited to the duration of the contract and to Switzerland. The customer is not entitled to any further rights.

9. Agreed use and restrictions of the services and products of the Livina Smart Home, especially for security-related applications.
The Livina Smart Home is not a certified security system and has no built-in redundancies (such as dual power supply or dual systems). Therefore, interruption-free operation cannot be guaranteed. For example, interruptions can occur during necessary software updates. Furthermore, interruptions can be caused by technical faults in individual products, flat batteries in individual products, faults in the software, the hub, or the radio or data transmission, or also by the failure of third-party services, such as interruptions in the power supply, an interruption in the Internet connection, interruptions in the cloud services, failure to receive input data such as wind warnings, etc. Furthermore, interruptions can also occur due to other technical malfunctions, which ultimately lead to the fact that e-mails or mobile phone notifications cannot be delivered, and that the system can no longer be controlled. In particular, if the customer's tablet or mobile device is not connected to the Internet (e.g., if there is insufficient network coverage), no notification can be sent, and the message may not be delivered subsequently.

Eniwa therefore cannot guarantee that the customer will receive notifications within a certain time, or receive them at all. Likewise, Eniwa cannot guarantee that control of its system will be possible at all times. Therefore, the Livina Smart Home is not suitable for the protection of life and limb or property. The Livina Smart Home is therefore also not intended for monitoring children, the elderly, patients, properties, facilities, animals, technical equipment, machines, etc., nor for medical applications or emergency calls and the like.

9.1 Intended use of the Livina Smart Home
The Livina Smart Home is intended to be accessed and used for non-time-critical data and control of the Livina Smart Home. Although Eniwa strives for extremely reliable and available services, they are not able to be 100% reliable and available at all times. Services are subject to sporadic interruptions and outages for various reasons beyond Eniwa's control. These include, but are not limited to, WLAN interruptions, service provider operating hours, and interruptions in mobile notifications and mobile networks, etc. The customer acknowledges these limitations and agrees that Eniwa shall in particular not be liable for any damage caused by any failure or delay of third party services.

9.2 No protection of life and limb or from hazards through use of the Livina Smart Home.
The Customer acknowledges and agrees that the Livina Smart Home is not certified for the defense against hazards. Eniwa makes no warranty or representation that the use of the Livina Smart Home will affect or enhance the level of security. Customer acknowledges that Eniwa will not, under any circumstances, send emergency services to Customer's home or that the Livina Smart Home is not an emergency alert system monitored by third parties.

9.3 Professional monitoring
The Livina Smart Home is not a certified security system and therefore cannot be used to call emergency services. The Customer acknowledges that the Customer is solely responsible for any fines and penalties or costs resulting from an erroneous call of emergency services.

9.4 Reliability of the Services
Customer acknowledges that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies, among other things, on the transmission of data via radio, cellular, Customer's Wi-Fi network, enabled wireless devices (such as phone or tablet), and continuous broadband internet access or optional mobile data backup (for which Eniwa is not responsible). The function is dependent on these factors. Such data transmission may be interrupted, delayed, refused or otherwise limited for various reasons, including insufficient network coverage, power outages, termination of service and access, environmental conditions, disruptions, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocation and priority access by emergency responders in the event of a disaster or emergency (collectively, "Service Interruptions"). Customer acknowledges that Service Interruptions may result in Services being unreliable or unavailable during Service Interruptions. Eniwa therefore cannot guarantee that Customer will receive notifications within a specified time, or receive them at all.

The Customer agrees that it will not rely on the Livina Smart Home for the protection of life, limb, and property or for the defense against danger. Mobile notifications regarding the status and alarm of the Customer's Products are provided by Eniwa for informational purposes only - they do not replace any emergency alert or security system monitored by third parties. The functioning of the system as well as the notification at any time is not guaranteed. The client remains responsible for its own security. The customer agrees that Eniwa excludes any liability as far as legally possible.

Furthermore, the customer agrees that the customer will use the Livina Smart Home and the relevant products only for private, i.e. non-commercial use. The customer also agrees to use the Livina Smart Home and the relevant products only for the intended purpose, i.e. only for the intended use according to the information in the online store - and not for any use other than the intended use.

The Customer also confirms that it is responsible for acquiring knowledge regarding the handling of emergency situations and responding according to its specific situation. The Livina Smart Home may be temporarily blocked, without prior notice, due to security measures, system failure, maintenance and servicing work or other circumstances. The Customer acknowledges that in light of such suspensions, he/she is not entitled to any refunds or discounts. Eniwa does not provide any separate warranty with respect to the available uptime of the Livina Smart Home. 

9.5 Energy savings and other benefits
Except for any expressly warranted "guarantee", Eniwa does not warrant or promise any actual energy savings or other financial benefits from the use of the Livina Smart Home. Actual energy savings and financial benefits vary due to various factors beyond Eniwa's control or knowledge. Customer acknowledges that Eniwa does not guarantee actual savings and Customer agrees not to make any claim for compensation or otherwise against Eniwa if its savings vary.

9.6 Regular inspection of batteries
It is the customer's responsibility to replace the batteries of battery-powered products as needed. Customer acknowledges that Products may not function or operate properly when batteries are dead. Customer must check and replace batteries on a regular basis. 

9.7 Software Updates
It is Customer's responsibility to keep the software current by installing updates provided. Failure to update the software may result in limitations or errors in the functionality and/or security of the software. The customer shall have no claims against Eniwa in such cases. 

9.8 Indemnification in relation to third parties
Eniwa shall not be liable for any third parties or their products and services, including but not limited to app stores, third party products and services, third party websites, vendors, equipment, ISPs and operators. Eniwa hereby disclaims all past, present and future claims, liability and damages, known or unknown, arising out of or related to any interaction with such third parties and their products and services. The customer hereby releases or discharges Eniwa and its licensors and suppliers from all known or unknown past, present and future claims, liabilities and damages arising out of or related to the interaction with such third parties and their products and services.

9.9 Indemnification in relation to improper use of the Livina Smart Home System
The Livina Smart Home System can be used to switch electrical consumers such as toasters, kettles, lamps, blinds, etc. on and off. The components used for this purpose have specifications for the electrical voltage and the maximum switchable power, or the maximum electrical current of the consumers. The connection of the electrical consumers cannot be controlled by Eniwa. The customer confirms and agrees that it alone shall ensure that the connected electrical consumers do not exceed these maximum consumption values at any time and thereby impair the functionality of the smart home components or destroy them. The use of smart relays or smart plugs on highly capacitive or inductive loads (coils or motors) is not permitted. Liability for any resulting damage is excluded by Eniwa. 

10. Warranty

10.1 Purchased products
The warranty period for purchased products (hubs and components) is 2 years from the date of delivery.

If any defects occur during the warranty period, Eniwa shall, at its option, either remedy the defect or replace the defective product, provided the defect is reported immediately after discovery. Further rights based on defects as well as liability for further damages (in particular consequential damages) shall be excluded.

10.2 Installation
In case of faulty installation, the rights for defects according to Art. 367 ff. OR SHALL APPLY.

11. Liability
Any liability of Eniwa is excluded to the extent legally permissible.

12. Prices
The products and prices in the online store are considered as an offer. However, this offer is always subject to the condition precedent to the contract of a delivery possibility or a correct price indication. The prices stated in the online store are exclusive of VAT.

Eniwa reserves the right to adjust prices at any time.

13. Terms of payment
With the exception of periodic subscription fees, prices are to be paid immediately after the order in the Livina online store. The contract is not concluded until payment has been made (according to section 2).

Periodic subscription fees are payable annually. The first subscription rate is due 30 days after conclusion of the contract.

The amounts due will be debited from the means of payment (e.g. credit card) specified by the Customer during the order process in the Livina online store.

14. Default of payment for subscription fees
If the periodic subscription fees cannot be debited from the means of payment specified by the customer when they are due (e.g. because it has already reached the limit or is invalid), the customer shall be in default of payment and Eniwa shall be entitled to termination without notice and discontinuation of the software and services (pursuant to Section 16) as well as technical blocking (cf. Section 17), in addition to any other claims.

The customer shall bear all costs incurred by Eniwa as a result of the delay in payment. In particular, the customer shall owe Eniwa a reminder fee of CHF 15 per reminder. Eniwa may at any time engage third parties for collection.

In case of repeated default of payment or if there are justified doubts about the customer's ability to pay, Eniwa may demand an appropriate advance payment or security.

15. Start and end of the subscription

15.1 Commencement
The subscription can only be concluded by placing an order via the Livina online store. It begins with the payment of the amount due according to the order by the customer (or, in case of conclusion without simultaneous purchase of products, with the sending of the order) and the consent to these Terms and Conditions of Purchase and Use thereby granted in the Livina online store.

15.2 Termination
The subscription is concluded for a minimum period of 12 months, which is extended by one month at a time as long as it is not terminated. The subscription may be terminated in writing by either party subject to a notice period of one month to the end of the month.

The deletion of his account by the customer, the revocation of consent to data processing, and the decommissioning of his Smart Home products do not constitute a termination of the subscription.

The rights of the customer pursuant to clauses 4.3 and 20 as well as the right of Eniwa to terminate without notice in the cases of clause 16 shall remain reserved.

15.3 Consequences of termination
Upon termination of the subscription, the Customer's user account will be deactivated and the Customer will no longer be able to use the Software and Services. The purchased components are the property of the Customer and remain with the Customer.

15.4 Special subscriptions
Subscriptions concluded on the basis of a corresponding offer "for life" or "forever" shall last as long as the Customer actually uses the Livina Smart Home Hub, but no longer than until the end of July 2023. If a fixed term is indicated to the Customer, it shall be renewed in each case free of charge until the Customer cancels the subscription or the use of the Livina Smart Home Hub is discontinued.

Eniwa's right to terminate without notice in the cases of Clause 16 is reserved.

16. Discontinuation of software and services
Eniwa may discontinue the Software and Services at any time without notice (and terminate a Subscription without notice) if

      i. the customer uses the Livina Smart Home abroad, or

    ii. the Customer fails to pay the amounts due, or

   iii. the Customer violates any laws or these Terms of Purchase and Use (or any other contractual rules).

This shall not give rise to any claims by the customer against Eniwa.

17. Blocking
Eniwa may block the Livina Smart Home in whole or in part or restrict it to certain services without prior notice if

      I. the blocking is in the presumed interest of the customer, e.g. in the event of misuse by third parties, or

    II. a case of Clause 16 exists.

This shall not give rise to any claims of the customer against Eniwa.

18. Subcontractors
Eniwa may at any time engage third parties in Switzerland and abroad for the performance of the contract.

19. Customer Service
Livina customer service is available for questions regarding the Livina Smart Home at the e-mail address info@livina.io or at the telephone number +41 62 205 11 00 on weekdays between 9:00 am and 5:00 pm.

20. Changes
Eniwa reserves the right to amend these Terms of Purchase and Use at any time with effect for the future. Eniwa shall inform the customer of any changes before they come into effect. If the changes are detrimental to the customer, the customer may prematurely terminate a subscription without financial consequences as of the effective date of the changes. If the customer continues to use the Livina Smart Home after the date of the changes, the customer accepts the changes to the terms of purchase and use by Eniwa.

21. Transfer
The transfer of rights and obligations of the customer under these Terms of Purchase and Use from the customer to a third party requires the written consent of Eniwa. Eniwa shall be free to transfer its rights and obligations under these Terms of Purchase and Use to group companies or third parties. This shall be possible without the customer's consent.

22. Severability clause
Should individual provisions of these Terms and Conditions of Purchase and Use be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by legally permissible provisions in such a way that the intended economic purpose is achieved as far as possible. This provision shall also apply mutatis mutandis to loopholes.

23. Applicable law and place of jurisdiction
Swiss substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Aarau. Mandatory places of jurisdiction remain reserved.